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STATE v. RUTHERFORD

No. 1 CA-CR 10649.

154 Ariz. 486 (1987)

744 P.2d 13

STATE of Arizona, Appellant, v. Gary Wayne RUTHERFORD, Appellee.

Court of Appeals of Arizona, Division 1, Department A.

October 15, 1987.

Attorney(s) appearing for the Case

Thomas E. Collins, Maricopa Co. Atty. by H. Allen Gerhardt, Deputy Co. Atty., Phoenix, for appellant.

Gary Rutherford, in pro. per.

OPINION

GRANT, Judge.

The state appeals from the trial court's order modifying appellee Rutherford's probation. This order modified a previous condition of probation which required Rutherford to serve one year "flat" in the county jail. Previously, the parties executed a plea agreement which provided in relevant part that:

The parties stipulate to the following additional terms: (These stipulations are subject...

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